The Involvement of the U.S. Equal Employment Opportunity Commission in Protecting Your Rights at Work
When you have been treated differently or unfairly at work because of your race, gender, age, religious beliefs, disability or membership in any other state or federally protected class, you have an ultimate right to legal redress. Filing a workplace discrimination claim, however, is a process, a bit more complicated than simply hiring an attorney and filing a lawsuit. Before you can bring any discrimination claim in a federal court of law, you must first take your concerns to the Equal Employment Opportunity Commission (EEOC).
What Is the U.S. Equal Employment Opportunity Commission (EEOC)?
The Equal Employment Opportunity Commission, or EEOC, is an independent federal agency tasked with enforcing federal laws governing discriminatory actions by employers. Most employers who have 15 or more employees are subject to the jurisdiction of the U.S. Equal Employment Opportunity Commission.
What Is the Role of the EEOC in a Workplace Discrimination Claim?
To initiate any type of workplace discrimination claim, you must first file a complaint with your local EEOC office. You do not need an attorney to do this, but will typically find the process complex and intimidating to navigate without qualified legal counsel.
You can make your initial contact with the Equal Employment Opportunity Commission in a number of ways, including by phone, in person, by email or with a letter. In most employment situations, you must report the discrimination to the EEOC within 180 days of your discovery of such allegedly wrongful conduct. This time frame may, however, be different if your employment at the time of the discrimination was a federal government agency. That’s another good reason to retain experienced legal counsel as early as possible.
Once you contact the Equal Employment Opportunity Commission, staff members will work with you to gather more detailed information regarding your allegations of discrimination. EEOC personnel will typically decide whether the discrimination you allege is covered by federal law. If so, you’ll be asked to complete a more thorough questionnaire. EEOC personnel will typically give you an assessment of your claim, allowing you to decide if you want to proceed further. If you don’t, the matter will be dismissed and your employer will likely never know that you filed a complaint. However, if you decide to move forward with a “charge of discrimination,” the EEOC must deliver a copy of your complaint to your employer within 10 days.
Once your complaint has been served on your employer, the EEOC will conduct an investigation. If the EEOC finds sufficient evidence of wrongful conduct, it will issue a letter of determination and will work with you and your employer to resolve the matter. If the EEOC finds insufficient evidence of a violation of the law, you will receive a “Dismissal and Notice of Rights,” which gives you a 90-day window to file a lawsuit in court.
Have You Been the Victim of Workplace Discrimination?
At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law, and we have represented numerous employers in matters involving workplace litigation.